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LICENSE.txt
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LICENSE.txt
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Neoclipse - Graph database tool
Copyright (c) 2008-2011 "Neo Technology," Network Engine for Objects in Lund AB
This product includes software developed at "Neo Technology," Network Engine for
Objects in Lund AB (http://neotechnology.com).
The bundled graph database engine Neo4j is copyright "Neo Technology," Network
Engine for Objects in Lund AB and licensed under the Neo4j Software License for
Neoclipse, version 1.0 or later.
The bundled Apache Geronimo JTA library is copyright The Apache Software
Foundation (http://www.apache.org/) under the Apache License version 2.0.
Eclipse platform support is provided by various libraries,
licensed under the Eclipse Public License,
(http://www.eclipse.org/legal/epl-v10.html)
The libraries include:
org.eclipse.*, org.mortbay.jetty, org.junit, org.apache.*,
javax.servlet, javax.servlet.jsp, com.ibm.icu
On the Linux platform, there are additional libraries included:
Cairo for Linux is copyright The Cairo Project (http://cairographics.org/)
under the Mozilla Public License Version 1.1. Libpixregion is copyright
The Open Group and Digital Equipment Corporation, Maynard, Massachusetts
under the MIT license. Libic is copyright 2001 Keith Packard under the
MIT license. Slim is copyright Richard Henderson under the MIT license.
Neo4j Software License for Neoclipse. Version 1.0
This Software License Agreement (“Agreement”) is entered into between any
individual or legal entity (“Customer”) exercising permissions granted by this
license (“License”) and Network Engine for Objects in Lund AB (“Neo
Technology”). Neo Technology and Customer are hereinafter also individually
referred to as “Party” and collectively as “Parties”.
Neo Technology has created the Neoclipse standalone software application, which
aims to provide support for the development of Neo4j applications. Neoclipse
contains the bundled graph database engine Neo4j (”Product”). Under this
License, Neo Technology grants to Customer a commercial perpetual license to the
Product only for Customer’s use together with Neoclipse subject to the terms and
conditions in this Agreement.
1. Grant. Neo Technology grants to Customer a royalty free, perpetual,
non-exclusive and non-transferable license to run and use Product only as
bundled or otherwise together with an unmodified version of Neoclipse as from
time to time can be downloaded from Neo Technology’s website
http://neo4j.org/download. Customer may not under this License modify or create
derivative works of Product or use Product in its original or any modified
version, together with any other product than an unmodified version of Neoclipse
or for any other purpose. For any other use of the Product than as bundled or
otherwise together with an unmodified version of Neoclipse, please contact Neo
Technology info@neotechnology.com.
2. Term. The term of this Agreement commences upon Customer’s download of
Neoclipse or Customer’s use of any or all parts of the source code or binary
code of Neoclipse, whichever is first and shall continue in full force and
effect in perpetuity, unless terminated in accordance with Section 7 below.
3. No Support and Maintenance. Neo Technology shall not be obligated to
provide the Customer with any Support Services regarding the Product.
4. Ownership. Neo Technology owns and retains all right, title and interest in
and to the Product. Such rights include, but are not limited to, trade secret,
trademark, service mark, patent and copyright rights. Neo Technology does not
grant to Customer any other rights or licenses beyond those specifically set
forth herein.
5. No Warranty. NEO TECHNOLOGY MAKES NO WARRANTIES TO ANY INDIVIDUAL OR LEGAL
ENTITY WITH RESPECT TO THE PRODUCT, OR ANY DERIVATIVE WORKS THEREOF, OR ANY
SERVICES AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
6. Limitation of Liability. IN NO EVENT, INCLUDING ANY BREACH OF AGREEMENT,
WARRANTY OR REPRESENTATION MADE HEREUNDER, AND TO THE EXTENT NOT PROHIBITED BY
APPLICABLE LAW NEO TECHNOLOGY SHALL HAVE NO LIABILTY WHATSOEVER IN RELATION TO
THE CUSTOMER FOR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER
FOR BREACH OR IN TORT (INCLUDING NEGLIGENCE). IN ANY CASE AND FOR NO REASON,
NEO TECHNOLOGY WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF OR
RELATING TO THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE,
DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OR IN
TORT (INCLUDING NEGLIGENCE), EVEN IF THAT PARTY HAS BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR DAMAGES SHALL BE LIMITED AND
EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF
ITS ESSENTIAL PURPOSE.
7. Premature termination. The Agreement may be terminated immediately by
either Party by notice in writing in case: a) the other Party commits a material
breach of any provision of the Agreement and fails to rectify such breach within
thirty (30) days after notification thereof from the suffered Party; or b) the
other Party commits a non-remedial material breach of any provision of the
Agreement; or c) the other Party becomes insolvent, ceases its operations,
dissolves, files for bankruptcy or bankruptcy protection, appoints receivers, or
enters into an arrangement for the benefit of creditors.
8. Consequences upon termination. In event of termination of the Agreement,
Customer’s right to use the Product shall automatically expire upon the day of
termination. Within thirty (30) days from the day of termination, the Customer
shall: a) return or, if not possible, delete and destroy all copies of Product
from all computer systems and storage media and return to Neo Technology any and
all material relating to the Product and copies of the documentation, including
manuals, signs and all other such material provided hereunder; and b) deliver to
Neo Technology all items within the Customer’s possession or control that
contains confidential information proprietary to Neo Technology or otherwise
provided by Neo Technology hereunder, and c) certify in writing that the
Customer has complied with the obligations hereunder.
Notwithstanding any termination of the Agreement the provisions of Article 4
(Ownership), 5 (No Warranty), 6 (Limitation of Liability), 8 (Consequences upon
termination) and 9 (Governing Law, Disputes) shall survive termination as well
as any other term or condition which by its nature is clearly intended to
survive termination of this Agreement.
9. Governing Law, Disputes. This Agreement shall be governed by and construed
under the laws of Sweden, irrespective of its choice of law provisions. Any
dispute, controversy or claim arising out of or in connection with this
Agreement, or the breach, termination or invalidity thereof, shall be finally
settled by arbitration administered by the Arbitration Institute of the
Stockholm Chamber of Commerce (“the SCC”). The Rules for Expedited Arbitrations
of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply,
unless the SCC, taking into account the complexity of the case, the amount in
dispute and other circumstances, determines, in its discretion, that the
Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of
Commerce shall apply. In the latter case, the SCC shall also decide whether the
arbitral tribunal shall be composed of one or three arbitrators. The seat of
arbitration shall be Stockholm, Sweden. The language to be used in the arbitral
proceedings shall be English.
10. Entire Agreement. This Agreement shall constitute the entire agreement
between the Parties with respect to the subject matter hereof and merges all
prior and contemporaneous communications. It shall not be modified except by a
written agreement signed on behalf of the Parties by their respective duly
authorized representatives.
11. No Joint Venture. The Parties are independent contractors and nothing in
this Agreement shall be deemed to create a de facto corporation, agency,
partnership or joint venture relationship. Neither Party shall have the right
to act for the other Party or to bind or commit other Party in any way.
12. Assignment. Neither this Agreement, nor any rights, licenses nor
obligations hereunder, may be assigned by either Party without the prior written
approval and consent of the other Party. Notwithstanding the foregoing, either
Party may assign this Agreement or the licenses granted hereunder to any
acquirer of all or of substantially all of such Party's assets or business or
equity securities, who consents in writing to be bound by the terms of this
Agreement. In the event this Agreement is assigned to an acquirer, the licenses
granted hereunder will be limited to those deployed at the closing of the
acquisition.